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HomeMy WebLinkAboutZBA Minutes 1986-06-25 BOARD OF ZONING APPEALS TOWN OF ITHACA A regular meeting of the Town of Ithaca Board of Zoning Appeals was held on June 25 , 1986 at 7 : 00 p . m . in the Town Hall , 126 East Seneca Street , Ithaca , New York , PRESENT : Henry Aron , Edward Austen , Edward King , Joan Reuning , Jack Hewitt , Code Enforcement Officer Gary Wood , Town Planner Susan Beeners , and Town .;; Attorney John C . Barney ALSO PRESENT : Lana Gokey , James W . Mayer , Elizabeth B . Mayer , Bonnie VanAmburg , John Mageroni , Tom Niederkorn , Stewart Knowlton . Before the meeting officially opened , Chairman Henry Aron requested that the Board offer a minute of silence in tribute to Lewis Cartee , Building Inspector , who passed away recently . Also , Mr . Aron acknowledged receipt of a letter of resignation from former recording secretary , Nancy Fuller . He recognized Mrs . Fuller for her loyal , conscientious and devoted service for many years to the Board of Zoning Appeals . Mr . Aron remembered the many times that Mrs . Fuller had helped not only • him but other members of the Board , and had seen them through many difficult times . He accepted Mrs . Fuller ' s resignation with sadness and thanked her for her participation and contribution to the Board over the years . The meeting officially opened at 7 : 05 p . m . Chairman Aron stated that all posting and publication of the public hearing had been completed . The appeal of Southern Tier Management , Inc . ,, Appellant , Stewart D . Knowlton , was called . Mr . Knowlton was not present at the time , and a motion was made by Jack Hewitt to adjourn this appeal to the last part of the meeting to await Mr . Knowlton ' s presence . Mr . King seconded the motion and it was unanimously carried . Therefore , the next item was presented for consideration as follows : APPEAL of The Mayer School , Appellant , Elizabeth B . Mayer , Agent , from the decision of the Building Inspector denying permission for the operation of a private school in the Grand Lodge of the former I . O . O . F . buildings at 1251 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 3 . 2 . Permission is denied under Article V , Section 18 , Paragraph 4 of the Town of Ithaca Zoning Ordinance . Before this appeal was heard , Town Attorney John C „ Barney J 2 • interjected that his firm , Buyoucos , Barney , Grossman & Roth , represented Mr . and Mrs . Mayer and have represented them for a number of years . Mr . James W . Mayer spoke to the Board . The Mayer School proposes to operate an independent school in the Odd Fellows Grand Lodge currently owned by Cornell University . They will initially lease ithe building from Cornell with the intention to purchase in the future . All necessary documents had been filled out regarding the school and had been presented to the Board previously . He went on , to say that the building was an ideal location for the school . iIt has had extensive renovations done in 1980 to bring it nearly to code with the exception of the rear stairs to the second floor that require shortening of the top step . The other item is that a water fountain may be moved presently in one of the exits . The smoke alarm , fire alarm , sprinkler system , and exit doors seem to be in very good shape . Their plan is to operate the school at first with only minimal changes in the building , with operation to be only on first and ground floors . On June 5 , 1986 Thomas E . Hogan of the State Education Department of Albany has evaluated the school and gave it very high ratings as a pre - kindergarten to eighth grade • school . Mr . Mayer then read a letter from Mr . Hogan dated June 12 , 1986 , a copy " of which letter is attached hereto as Exhibit 1 . Mr . Mayer stated that he and Mrs . Mayer had made an intensive search,, for a place to relocate their school after the Ithaca School Board informed them that their lease at West Hill School would not ; be renewed . They had searched in Lansing , Ithaca , Trumansburg and Jacksonville , among other places . They found that there were not many buildings that met their requirements . That is why they chose the Odd Fellows Grand Lodge . He further went on to say that this was Phase I only which is permission to operate a private school in the basement and first floor only at the present time . Phase II would be to complete the purchase of the building and they would then come back to get a building permit to remove four interior walls . Phase III would be an attempt to havea supervisor who would be a member of their family living in the building in residence quarters on the third floor . Mr . Mayer then explained that they would need to vacate the West Hill property on July 1 , 1986 and since Mrs . Mayer would be • running a summer school program in preparation for students entering in the fall , they would wish to operate the property on July lst . Theyneed to move books and equipment in before then . I 3 • Mr . Aron asked if there was anyone from the public who wished to speak on this matter . There was no one . Mr . Wood was asked to address the matter as to safety . He commented that there are a few concerns all of which come within the province of the building code . A fire separation wall will have to be provided on the third floor when they enter Phase III . There are some minor restrictions on passageways but none that cannot be worked out . Mr . Aron asked if there was anyone on the Board who wished to comment . Mr . Barney asked how many students would be in the school . Mr . Mayer responded that this summer there would be 30 . In the fall there will be approximately 65 students . Later on if- Phase II is in operation and classrooms provided on the upper floor there would be more . Mrs . Reuning asked how many teachers there would be for these students . Mr Mayer responded that there would be seven teachers . Ed King asked for clarity that Phase I - permission to operate a private school - was the only concern to the Board at • this time . Mr . Mayer responded that it was . Mr . Aron reiterated that Phase I was the only concern a t this time and that from now on Mr . and Mrs . Mayer would need to work with the building inspector as well as some other agencies on the staff for Phases II and III . Mr . Aron went on to say that this matter had been before the Planning Board on June 24 , 1986 and that an adopted resolution had been drawn . , Mr . Aron read such- resolution , a copy of which is attached as Exhibit 2 . Chairman Aron also stated that as to the Environmental Assessment Form , the Board of Zoning Appeals declared themselves the lead agency in this matter . Mr . Aron then read the Reviewer' s Recommendations - SEQR EAF from Susan C . Beeners , Town Planner dated June 19 , 1986 , a copy of which is attached hereto as Exhibit 3 . Mr . King then asked as to the changes in Route 96 mentioned in the above and Ms . Beeners responded that there are several minor improvements to the existing Route 96 which have been • requested by various sources including petitions from residents of West Hill . Such improvements include the installation of a traffic light at the hospital entrance and an extension of the 45 4 • mile per hour ' speed zone in that area . She felt that with respect to the matter before the Board there should be adequate signage indicating school use . After further discussion , Mr . Aron requested a motion as to the land and impact study for a negative declaration . Joan Reuning made a motion that conditional upon the Planning Board ' s recommendation to the Zoning Board of Appeals , the Board adopt '' a conditional negative declaration as in No . 4 of the Planning Board Minutes of June 24 , 1986 . Ed Austin seconded the motion and it was unanimously carried . Mr . Aron then asked for a motion as to the approval for Mr . and Mrs . Mayer to operate a private school in a R30 zone . Jack Hewitt moved that the Board of Zoning Appeals grant special approval to operate a private school on the premises of I . O . O . F . Building at 1251 Trumansburg Road , Ithaca , New York - operation to be Phase I only . The motion was seconded by Joan Reuning and unanimously carried . The next item on the agenda was as follows : • APPEAL of Cornell University , Appellant , Thomas P . Niederkorn , as ° Agent , from the decision of the Planning Board denying Subdivision Approval with respect to the subdivision of Cornell University lands which , as proposed , would create side yard deficiencies , at 1251 - 1253 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 3 . 2 . Approval is denied under Article V , Section 21 , of the Town of Ithaca Zoning Ordinance , Mr . Thomas Niederkorn addressed the Board . He stated that he was accompanied by Bonnie VanAmburg and John Majeroni from Cornell Real Estate . They were requesting , on behalf of Cornell University , owner , an area variance to waive sideyard requirements in a situation created by a proposed subdivision . The parcel in question is about 118 acres of land owned by Cornell University . Cornell intends to subdivide and sell this land and has submitted a proposed plan to the Planning Board . In addition Cornell had an auction on the basis of the subdivision plan to find buyers for this land . The auction resulted in a buyer for the large parcel of 104 acres connected to a small parcel down by the lake . Another buyer was found for Parcel 2 and 3 . No buyer was found for the large parcel including the building which ' was originally Parcel 1 . With the idea of splitting the building it made it possible for Mr . and Mrs . Mayer to consider purchase of part of the land and for the other part to be available for someone else . No purchaser has been found as • yet . Splitting the cost of the large parcel makes it much more possible for people to buy at the price Cornell is asking . 5 • He went on to say that as part of the subdivision it is proposed that a 60 foot right of way be preserved for future access to whatever backlands happen to be remaining after the proposed alternative Route 96 is built . A line has been drawn through the center of the parcel through the two buildings . By splitting the building it eliminates a sideyard on both parcels . What is needed from the Board is to have a variance for the sideyard provision . If the building is split there would be a zero lot line . Mr . King asked i f the Mayer School would be operated on Parcel 1 . Mr . Niederkorn responded that it would . Mr . King then asked if the other part of the building would be Parcel 5 , and if so it would require two side yard variances , the north yard of Parcel 1 and the south side yard of Parcel 5 . Mr . Niederkorn responded that that was correct . Mr . Niederkorn stated that they had done more detailed investigation and it will become necessary for the lot line not to be located as on the small drawings but to move north about 13 - 1 / 2 feet to the south wall of the old infirmary building . The proposed subdivision line goes down along the south face of the infirmary building right at the wall . The reason for that is that the Mayers. would be able to have handicapped access into the basement which is the only area which has that kind of level access at the moment . It creates certain conditions relative to the mutual use of the vestibule for fire • safety purposes . That is being taken care of by a common easement or joint sharing easement that is being written into the purchase agreement for both parcels . It would work out alright with a combination of fire doors and alarms . Both buildings could use the fire safety stairs that are available . Also in the agreement of sale is a provision for easements to use the existing driveways and also to have access to the existing utility lines . Until the new road is built parcel 2 , parcel 1 and parcel 4 have mutual right to use the facilities there now . Mr . Austen asked how Cornell planned to split up all the utilities between the buildings , e . g . electrical , heating , fire alrm system , etc . Mr . Majeroni that they were planning on separating the meters . The only one not being separated is the water and that will be sub - metered between the two buildings . Mr . Austen asked if the fire alarm system would be separated and Mr . Majeroni responded that depending upon the requirements of the buildings it would be . Mr . Wood asked if there was a provision for maintenance of the road particularly for fire apparatus since it would be a • joint use between several users . Mr . Mayer stated that they had agreed with Cornell that they 6 • will maintain the snow clearance of the road until a sale of the other parcel . Mr . Aron then read an adopted resolution by the Planning Board on June 24 , 1986 as to the Cornell University Preliminary Subdivision , a copy of which is attached hereto as Exhibit 4 . Mr . King commented for the record that there had been reference to the old building and that the old building clearly means the Grand Lodge which the Mayer School intends to use . The reference to the new building is apparently to the former infirmary . Mr . Austen wanted to know what was required by New York State Building Code for the passageway to make it comply with the building codes . Mr . Niederkorn responded that as far as they had been able to determine everything was in order . It was considered fire safe as a single unit and there is nothing in the code that indicates that drawing the boundary line there would change those requirements . Mr . Aron asked if they would have to build a fire wall and Mr . Niederkorn responded that they would not . Mr . Barney asked about exits . Mr . Mayer responded that the sales agreement would provide that both parties would have access to the vestibule on all floors and to the fire stairs in the infirmary building . There was no one from the public who spoke . After further discussion , a motion was made by Edward King as follows : Conditional upon the Planning Board final approval of the subdivision , the Board of Zoning Appeals grants a variance from the usual side yard requirements in order that a subdivision line between Parcels l and 5 may be drawn between the north line of the Grand Lodge Building and the south line of the Infirmary for the purposes of the applicant and further conditional upon appropriate cro. ss - easements relating to the exits to the vestibule and the fire stairs in the Infirmary be approved by the Town Attorney , Ed Austen seconded the motion and it was unanimously carried . The last item on the agenda was the following : APPEAL of Southern Tier Management , Inc . , Appellant , Stewart D . Knowlton , as Agent , from the decision of the Building Inspector denying a Sign Permit for the phased installation of two single - sided signs projecting approximately 5 feet above eave - line , Phase I being one 96 square foot eave - mounted sign , and Phase II being one 96 square foot eave - mounted sign , for proposed Best Western University Inn , East Hill Plaza , Town of 7 . Ithaca Tax Parcel No . 6 - 62 - 2 - 13 . 2 . Permit is denied under Section 5 . 01 . 3 of the Town of Ithaca Sign Law , Local Law No . 6 - 1980 * Stewart Knowlton presented his sketches and addressed the Board . He stated that the motel complex will encompass four acres in a u - shape around the easternmost end of East Hill Plaza on the right of way that would be Summerhill Road . Reference was made to the sketches and to the 96 square foot sign over the portico . Mr . Knowlton stated that they would place one of these signs on the parking lot side of the portico and then when Summerhill went on through Route 366 a similar sign would then be placed on the other side of the portico . On the present specifications for the Town of Ithaca one square foot of sign for every one lineal foot of frontage is allowed . In this particular case there are 468 lineal feet of frontage which would then allow in wall signage a total of 468 feet . The sign in question is a specified Best Western franchise sign with .a black background with a gold crest and white letters , a very low key type of sign and identifies the Best Western Motel . The sign is 16 feet long and 6 feet high . It would keep the whole project in better taste to have this sign over the portico which identifies the entry area . It would also be more visible to traffic mounted this way . • Mr . Aron asked what the lighting would be at night as he was concerned about the people who live in the area . Mr . Knowlton responded that the intensity and illumination is very low and he did not think it would be offensive to residents . Mr . Knowlton further stated that along with these signs , there would be a little wall crest sign with an arrow which points to the lobby and another sign similar to it on the other side of the building . These signs would be 4 x 6 feet , and with all signs taken into consideration , they were well within the requirements of the sign ordinance . Mrs . Reuning asked why the Planning Board mentioned 350 feet when it was less than they were allowed and Mr . Barney responded that if in the future another party wanted to add more signs in order to bring it up to 468 square feet of wall sign it would not be possible . He went on to say that if a variance were granted the Board might get something in exchange , that being a smaller limitation on the total signage that would be allowed . The 350 feet was a negotiated figure he suggested . No one from the public appeared on this matter . Chairman Aron then read the adopted resolution from the Planning Board dated June 24 , 1986 , a copy of which is attached hereto as Exhibit 5 . Mr . Aron then called for a motion . Ed Austin made a motion to grant a variance from the sign ordinance for two eave - mounted signs approximately 96 square feet each that would project B • approximately 5 feet above the eave line of the motel portico at tax parcel 6 - 62 - 2 - 13 . 2 to be installed one on the east side of the motel and one on the west side as shown on drawing depicted as Job 8625 dated June 10 , 1986 deleting the sign of 200 square feet with the condition that all signage for the facility not to exceed a total of 350 square feet . Jack Hewitt seconded the motion and it was unanimously carried . There being no further business to come before the Board , the public hearing was closed at 9 : 00 P . M . R pectfully submitted , , 3� 4L�6 ' Beatrice Lincoln jV� r ` . : NEW YORK ir THE IMATE OF LEARNING THE STATE EDUCATION DEPARTMENT THE UNIVERSITY OF THE STATE OF NEW YORK ALBANY, N • Y. 12234 ASSISTANT COMMISSIONER FOR DISTRICT SUPERINTENDENTS, SCHOOL DISTRICT ORGANIZATION AND DEVELOPMENT DIRECTOR, DIVISION OF SCHOOL REGISTRATION AND SUPERVISION June 12 , 1986 Mrs . Elizabeth B . Mayer Headmistress The Mayer School 416 Cayuga Heights Road 'Ithaca , NY 14850 Dear Mrs . Mayer : Thank you for showing me your school on Thursday afternoon , • June S . 1986 . As discussed , I will forward a recommendation that your school ' s provisional charter be extended for a period of three years . Your new site looks very promising . We look forward to receiving an Absolute charter petition once you have rel-ocated . Again , thank you , Sincerely , Thomas E . Hogan , Associate Bureau of School Supervision TEH/ jc cc : Edward R . Leonard Exhibit 1 • ADOPTED RESOLUTION .& Proposed Mayer School Relocation into the former Odd Fellows Grand Lodge : Report to Zoning Board of Appeals Planning Board , June 24 , 1986 WHEREAS : 1 . This action is a request for Special Approval of a School Use pursuant to Article V , Section 18 , Paragraph 4 of the Town of Ithaca Zoning Ordinance , for -the operation of the Mayer School in the former Grand Lodge , I . O . O . F . , at 1251 Trumansburg Road . 2 . This project is an Unlisted Action for which the Zoning Board of Appeals ' is the Lead Agency , 3 . The following material has been reviewed by the Planning Board at a Public Hearing on June 24 , 1986 in regard to this project : a . " Application to the Town of Ithaca Planning Board and Zoning Board of Appeals " , June 4 , 1986 , including a SEQR Long Environmental Assessment Form . b . " Proposed Mayer School Relocation into the Former Grand Lodge " , June 13 , 1986 , by William Downing Associates , including an architectural report .- and plans of the former Grand Lodge . • 4 . A Conditional Negative Declaration - Determination of Non - significance has been recommended by the Town Planner based on the following conditions : a . That access onto Route 96 from . the school be evaluated in relation to traffic safety improvements currently under consideration for other parts of Route 96 . b . That any future proposal for the use of the former Infirmary be subject to review by both the Planning Board and the Zoning Board of Appeals to determine the compatibility of such, use with the. school use of the ' Grand Lodge . Such review should include evaluation of the compatibility of future Infirmary use with the activities of the school , the consideration of site access ; building access and the potential joint use of . the enclosed passageway which connects the former Grand Lodge and the former Infirmary . 5 . The Planning Board finds that there is a need for the proposed use in this location on the grounds that : a . The Mayer School is - an established private school that fulfills a community educational need , and that requires a permanent location with adequate room for its operation . b . Such a school use will complement existing residential and institutional uses on West Hill . • Exhibit 2 • y 6 . The Planning Board finds that the existing probable and ', • future character of the neighborhood will not be adversely affected on the grounds that' . a . The former Grand Lodge was originally constructed for institutional use . The Mayer School does not plan to change the exterior of . the . building . b . There is adequate room on the site ' for separate parking and playground areas . A considerable amount of open space will be retained between the building and Trumansburg Road , and will assist in preserving the existing campus - like setting . 70 The Planning Board finds that the proposed school use is in accordance with a comprehensive plan of development of the Town on the grounds that : a . Existing institutional uses related to research and health care are located in the general vicinity and are considered compatible with the proposed school use . b . The adaptive institutional reuse of a building which was originally constructed for institutional use is considered desirable . THEREFORE , IT IS RESOLVED : • That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a conditional Negative Declaration - - Determination of Non - Significance be made , and that the application for Special Approval and for future - phase residential use of the third floor of the building be granted , with the following condition . That any future proposal for the use of the former. Infirmary be subject to review by both the Planning Board and the Zoning Board of Appeals to determine the compatibility of such use with the school use of .the Grand Lodge . Such review shall include evaluation of the compatibility of future Infirmary use with the activities of the school , the consideration of site access , building access and the potential joint use of the enclosed passageway which connects the former Grand Lodge and the former Infirmary . • • REVIEWER ' S RECOMMENDATIONS - SEQR EAF - PROPOSED MAYER SCHOOL RELOCATION INTO ,THE FORMER ODD FELLOWS GRAND LODGE Reviewer : Susan C . Beeners , Town Planner Date Reviewed : June 19 , 1986 Type of Action : Unlisted Lead Agency : Zoning Board of Appeals A Conditional Negative Declaration - Determination of Non - Significance - is recommended for the request for Special Approval of the school use based on the following : The . proposed school use would complement the residential and institutional character and uses of this West Hill area . The building was originally constructed for institutional use . An architect ' s report accompanying this proposal indicates the suitability of the former Grand Lodge for school use and for future -phase residential use of the third floor . The reviewer considers future residential use of the third floor as a means of providing security to the school facility , as long as pertinent life safety requirements are met . The traffic volumes expected 'to be generated by the school will not adversely impact traffic capacities of the existing Route 96 . Access onto Route 96 from the school should not be of significant adverse impact as long as such access is evaluated in relation to traffic safety improvements currently under consideration - for other parts of Route 96 , such as at the Tompkins Community Hospital entrance_ . Because use of the former Odd Fellows Infirmary which adjoins the Grand Lodge is not known at this time , it is recommended that any approval of the proposed Mayer School use be conditioned with the following , which should mitigate any potential incompatibility associated with mixed use of the building complex : That any future proposal for the use of the former. Infirmary be subject to review by both the Planning Board and , the Zoning Board of Appeals to determine the compatibility of such use with the school use of the Grand Lodge . Such review should include evaluation of the compatibility of future Infirmary use with the activities of the school , the consideration of site access , building access and the potential joint use of the enclosed passageway which connects the former Grand Lodge and the former Infirmary . • Exhibit 3 • ADOPTED RESOLUTION : Cornell Univ . Preliminary Subdivision Consideration , former Odd Fellows property . Planning Board , June 24 , 1986 WHEREAS : 1 . This action is the proposed 5 - lot subdivision of lands zoned R- 30 and R- 15 located at 1251 - 1253 Trumansburg Road , Town of IthacakTax Parcel No . 24 - 3 - 3 . 2 , and a request for a variance of the side yard requirements as set forth in Article V , Section 21 , of the Town of Ithaca Zoning Ordinance , such variance necessary to the subdivision of the former Grand Lodge located on proposed Parcel 1 from the former Infirmary located on proposed Parcel 5 . The Planning Board has reviewed this action at a Public: Hearing on June 24 , 1986 . 2 . The following maps and documents have been presented in regard to thi's ' proposal ; a . " Preliminary Plat , Proposed Subdivision , Lands of Cornell University , N . Y . State Route 96 , Town of Ithaca , N . Y . , June 17 , 1986 " , by Planning / Environmental Research Consultants . P . " Real Estate Agreement of Sale , May 14 , 1986 " c . Appeal form requesting a variance of the above -mentioned sideyard requirements . 3 . The Planning Board has reviewed a Short Environmental Assessment Form for this proposed subdivision and has made a conditional determination of negative environmental significance on June 24 , 1986 based on ' the following conditions : ' That the use arrangement of the enclosed passageway which connects the former Grand Lodge on Parcel 1 and the, former Infirmary on Parcel 5 be clarified , and that a variance be obtained in regard to the sideyard deficiency . 4 . The proposed subdivision line between the former Grand Lodge and the Former Infirmary would create a situation of non - conformity for which the granting of a variance of the side yard requirements of Article V . Section 21 , of the Zoning Ordinance .would be required . Exhibit 4 V • THEREFORE , IT IS RESOLVED , 1 . That the Planning Board provisionally deny and hereby does provisionally deny Preliminary Subdivision Approval for this proposed subdivision , with further consideration of Preliminary Subdivision Approval to. be based on the following conditions : a .. That the use arrangement of the enclosed passageway which connects the former Grand Lodge on Parcel 1 and the former Infirmary on Parcel 5 be accomplished in accordance with New York State Building Code requirements , and that a variance be obtained in regard to the sideyard deficiency . b . That prior to final subdivision approval , if such approval is sought , appropriate cross easements for the use of the passageways and exits between the former Grand Lodge and former Infirmary be approved by the Town Attorney . • • .r . . . ADOPTED RESOLUTION : Sign Review , Recommendation to Zoning Board of Appeals on Proposed Signage for Best Western University Inn , East Hill Plaza Planning Board , June 24 , 1986 14 WHEREAS : The Town of Ithaca Planning Board has reviewed a proposal for Phase I and Phase II eave -mounted signs to be installed on the portico of the Best Western University Inn at East Hill Plaza as presented at a Planning Board meeting on June 24 , 1986 , and considers the design of such signs to be appropriate in regard to sign visibility and aesthetics . THEREFORE IT IS RESOLVED : That the Planning Board recommend and does recommend to the Zoning Board of Appeals , in regard to the proposed Phase I and Phase II eave -mounted signs for Best Western University Inn at East Hill Plaza , that ' a variance of the requirements of Town of Ithaca . Local Law No . 6 , 1980 , Section 5 . 01 - 3 , which permits 9 inches maximum for wall sign extension , be granted so that a 96 square foot eave -mounted sign identifying the motel and . projecting approximately 5 feet above the eave - line of the motel portico may be installed on the west side of the motel portico in phase I of the motel construction , and so that the identical type and size of sign may be installed on the east side of the motel portico in phase II , such phase II being defined as that time at which increased use of the Summerhill Lane entrance to the motel would , in the determination of the developer , warrant such an i.nstallation , , with the condition that all signage for the facility isnot to exceed a total of 350 square feet . • Exhibit 5